17.14.020 SENSITIVE AREAS

A. Sensitive areas are defined as follows: 1. Non-developable sensitive areas: The following areas are non-developable. None of the acreage encumbered by any of the following sensitive areas may be considered for development density, and none of the areas may be built upon or within except for required public utility and facilities. a. Jurisdictional Wetlands: As defined by the US Army Corps of Engineers. b. Natural Waterways or Open Water: Including but not limited to: rivers, creeks, or streams. Identified as those areas where surface waters flow sufficiently to produce a defined channel or bed. A defined channel or bed is indicated by hydraulically sorted sediments or the removal of vegetation litter or loosely rooted vegetation by action of moving water. The channel or bed need not contain water year round. This definition is not meant to include stormwater runoff devices or entirely artificial watercourse unless they are used to store or convey pass through stream flows naturally occurring prior to construction of such devices. Watercourses where the definition may apply are those that appear on the US geological survey quad maps excluding irrigation canals and ditches. For instance, an irrigation canal following a natural or jurisdictional watercourse would not be exempt but others would be exempt. 2. Potentially developable sensitive areas: The following areas are determined to be sensitive areas of Millville City and are subject to the requirements of this Chapter. These areas may be built upon based on the requirements of this section and other applicable city, state, and federal requirements. All acreage encumbered by any of the following sensitive areas may be considered for development density at the discretion of the Millville City Planning Commission, based on recommendations from professional(s) with expertise in the field being discussed. a. Steep Slopes: Where the rise or fall of the land is equal to or exceeds thirty percent (30%) over a horizontal distance of thirty feet (30’) or greater measured perpendicular to the contour lines. See Section 17.14.040. b. Steep Slopes Where the rise or fall of the land is between twenty percent (20%) and thirty percent (30%) over a horizontal distance of fifty feet (50’) or greater measured perpendicular to the contour lines. Development in these slope areas require a hillside overlay permit as outlined in Chapter 17.32 of this code. c. Floodplains. d. Crucial wildlife habitat areas as identified by the State Division of Wildlife Resources (DWR). e. Geological hazard areas Earthquake fault lines or areas prone to debris flows, landslides, high or extreme liquefaction potential, and rock falls as identified by the US Geological Survey (USGS). f. Wildfire hazards areas: Areas of the City designated as having moderate to extreme potential for wildfire hazards as identified by the City. 3. Development of Sensitive Areas: a. No land designated as a Non Developable Sensitive Area may be considered for development density or disturbed in any manner during the development of adjacent lands except as reasonably necessary for the installation of required public utilities. b. The lands within a Potentially Developable Sensitive Area may be developed and built upon, subject to the requirements of this section and other applicable city, state, and federal requirements. c. Land within a Potentially Developable Sensitive Area may be considered for development density at the discretion of the Millville City Planning Commission, based on recommendations from professional(s) with expertise in the field being discussed. d. The designation of land as within a Non-developable Sensitive Area or within a Potentially Developable Sensitive Area, and the application of other requirements imposed under the authority of this chapter may be appealed to the Millville City Appeal Authority. (Ord. 2022-5, 2022)